Bangalore District Court
A Balakrishna vs Lovely Mary Samuel on 6 December, 2024
KABC0A0036092023
IN THE COURT OF LXXIII ADDL. CITY CIVIL & SESSIONS
JUDGE, MAYO HALL UNIT, BENGALURU. (CCH.74)
P r e s e n t:
Smt. Anitha N.P., B.A.L., L.L.M.,
LXXIII Addl.City Civil & Sessions Judge, Bengaluru
Dated this the 06th day of December, 2024.
O.S.No.26341/2023
Plaintiff:- Mr. A Balakrishna
S/o: B. Arjunan,
Aged about 67 years,
R/at: No.8, 5th D Main,
HRBR Layout, Kalyan Nagar,
Bengaluru-560043.
[By Sri. K.Mohan-Advocate]
Vs.
Defendant:- Lovely Mary Samuel
Aged about 35 years,
D/o: M.C. Samuel Peniel
No.4, 4th Floor, Penthouse,
5th main, PRS Layout,
Banasawadi, Bengaluru-560 043.
2
O.S. No.26341/2023
Permanent address,
Lovely Mary Samuel
Aged about 35 years,
D/o M.C. Samuel Peniel,
Pengattu House,
Kozhimala PO Vallamkulam Thiruvalla
Eraviperoor, Pathanamathitta,
Kerala-689541.
[Exparte]
Date of institution of the suit : 22.09.2023
Nature of the suit (Suit for pro-
note, suit for declaration and : Ejectment
injunction, suit for injunction, etc)
Date of commencement of : 10.06.2024
recording of evidence
Date on which the Judgment was : 06.12.2024
pronounced
Total duration Year/s Month/s Days
01 02 14
Digitally signed by
ANITHA
ANITHA NANJANAGUDU
NANJANAGUDU PARASHIVAMURTHY
PARASHIVAMURTHY
Date: 2024.12.10
14:31:32 +0530
(Anitha N.P.)
LXXIII Addl. CC & SJ, M.H.Unit,
Bengaluru. (CCH-74)
3
O.S. No.26341/2023
J U D G M E N T
The plaintiff has filed this suit as against the defendant seeking the relief of ejectment, arrears of rents, damages, future damages and for such other further reliefs.
2. Brief facts of the plaint averments are as under:-
That the plaintiff is the absolute owner of suit schedule property. The defendant is tenant under the plaintiff in the suit schedule property. The rental agreement dated 26.12.2018 was entered by defendant with the plaintiff where under the defendant agreed to pay monthly rent of Rs.34,000/- and paid refundable security deposit of Rs.2 lakhs and it does not carry interest and it is subject to deduction of dues or damages. The tenancy was for a period of 11 months commencing from 26.12.2018. The said rental agreement was extendable from time to time with 5% increase of rent and defendant has paid rent up to March 2021. The last paid rent was Rs.35,700/-. 4
O.S. No.26341/2023 Thereafter the defendant has not paid the rent. Since April 2021 to May 2023 the rent payable is Rs.9,80,766/-.
3. According to plaintiff after deducting the security deposit of Rs.2 lakhs the defendant is still liable to pay arrears at Rs.7,80,766/-. The defendant has to pay Rs.40,000/- per month as damages from June 2023 till the defendant vacates the suit property. The plaintiff is not interest to continue the tenancy of defendant. Accordingly, he issued notice on 30.05.2023 terminating the tenancy, seeking arrears of rent and damages and to hand over vacant possession. The said notice through RPAD and speed post were sent to the present rented house address and also to native address of defendant. The notice issued through RPAD and speed post returned as addressee out of station, unclaimed/door lock. The notice sent through speed post to the native place address was returned as served. 5
O.S. No.26341/2023 Accordingly, the plaintiff has filed this suit and prays to decree the suit.
4. After registration of this suit the suit summons was came to be issued to the defendant and the same returned as unserved. Thereafter the plaintiff has taken steps to defendant through paper publication and the same was duly published and the defendant remained absent and hence she was placed exparte as per order dated 03.04.2024 and case was posted for plaintiffs' evidence.
5. That to prove the case of the plaintiff the plaintiff No.1 examined as P.W.1 and got marked Exs.P.1 to P.10 documents.
6. Heard the arguments. Perused the pleadings, evidence, documents and available materials placed on record.
7. Following points arisen for my consideration are:-
1. Whether plaintiff proves that the he is the owner and the defendant is tenant of the suit schedule property?6
O.S. No.26341/2023
2. Whether plaintiff proves that he has terminated the tenancy of defendant?
3. Whether the plaintiff is entitled for vacant possession of suit schedule property?
4. Whether the plaintiff is entitled for suit relief as prayed for?
5. What order or decree?
8. My findings to above points are as under:-
Point No.1 to 4: In the affirmative Point No.5: As per the final order for the following:-
R E A S O N S
9. POINT No.1 to 4:- These points are interrelated and connected to each other, to avoid repetition, I have taken them together for discussion.
The plaintiff has filed this suit as against the defendant with specific assertion that he is absolute owner of suit schedule property and the defendant is tenant. The defendant entered into 7 O.S. No.26341/2023 rental agreement dated 26.12.2018 with plaintiff in respect of suit schedule property agreeing to pay monthly rent of Rs.34,000/- and paid Rs.2 lakhs as refundable security deposit which is subject to deduction of dues and damages. The tenancy was for a period of 11 months commencing from 26.12.2018 and the rent has to be paid on or before 10 th of calendar month. The defendant has paid rent up to March 2021 and thereafter she became defaulter and not paid the rent. The plaintiff thereafter issued notice terminating tenancy on 30.05.2023. The notice was sent to the present rented house address and to the native address of the defendant. The notice was sent through RPAD and speed post. The notice sent through speed post to the native address of defendant returned as served and the notice through RPAD returned as unserved with endorsement addressee out of station, unclaimed/door lock. The defendant is liable to pay arrears of rent from April 2021 to May 8 O.S. No.26341/2023 2023 amounting to Rs.7,80,631/-. The defendant is liable to pay damages at the rate of Rs.40,000/- per month from June 2023 to September 2023 and the defendant is liable to pay future damages at the rate of Rs.40,000/- per month till delivery of possession of suit schedule property
10. The plaintiff in order to prove his case got examined himself as PW.1 and during the course of evidence he filed his chief examination affidavit reiterating the plaint averments on oath. He has produced 10 documents as per Ex.P1 to 10. Ex.P1 is the rental agreement dated 26.12.2018 executed by defendant in favour of plaintiff in respect of suit schedule property. Ex.P2 is the copy of notice dated 30.05.2023, Ex.P3 to 6 are the postal receipts, Ex.P7 to 9 are the unserved postal covers, Ex.P10 is the copy of bank statement, Ex.P10(a) is the entry dated 05.04.2021 in respect of last rent paid by the defendant. 9
O.S. No.26341/2023
11. On perusal of Ex.P1 the same shows that the defendant executed the said rent agreement in favour of plaintiff and the defendant is tenant under the plaintiff in respect of suit schedule property, the defendant agreed to pay monthly rent of Rs.34,000/- to the plaintiff. The rental agreement was for a period of 11 months commencing 26.12.2018.
12. According to plaintiff under rent agreement the time was extended from time to time to the defendant by enhance rent of 5% prorate. Ex.P2 shows that the plaintiff has issued notice to the defendant terminating the tenancy on 30.05.2023 and also called upon the defendant to pay the arrears of rent amounting to Rs.7,80,766/- to pay a sum of Rs.40,000/- per month as damages from June 2023 and to handover vacant possession. The plaintiff called upon the defendant to vacate the suit schedule premises before 30.08.2023. On perusal of Ex.P3 to 6 same shows that the plaintiff has issued notice and they are 10 O.S. No.26341/2023 postal receipts in respect of said notice. Ex.P7 to 9 shows that the said notice returned as unserved. According to plaintiff one of the notice issued through speed post was served on defendant. Ex.P10 shows that on 05.04.2021 the defendant has paid Rs.71,400/- towards the rent. According to plaintiff thereafter the defendant has not paid any rent and she became defaulter.
13. In the case on hand admittedly the rent agreement was for a period of 11 months commencing from 26.12.2018. The said rent agreement was extendable for further period on enhanced rent of 5% prorate. The bank statement dated 05.04.2021 marked as Ex.P10(a) shows payment of Rs.71,400/- from the defendant. Hence, the defendant has paid rent to this plaintiff till 05.04.2021.
14. On perusal of the evidence produced by the plaintiff the plaintiff is owner and defendant is tenant in respect of suit schedule property. The plaintiff terminated the tenancy by 11 O.S. No.26341/2023 issuing notice to the defendant as per Ex.P2. The said notice as per plaint averments is addressed to rented premises address also to the native address of defendant. The notice sent through speed post to the native of the defendant was duly served. There is no contrary evidence from the defendant to prove otherwise. The plaintiff is claiming arrears of rent from April 2021 to May 2023 amounting to Rs.7,80,631/- and also claimed damages at the rate of Rs.40,000/- per month from June 2023 to September 2023 amounting to Rs.1,60,000/- and future damages at the rate of Rs.40,000/- till handing over of possession. In this regard the plaintiff has relied upon the rent agreement and the tenancy termination notice. It is necessary to note that even after termination of tenancy the defendant not vacated the suit property and not paid the agreed rent. The plaintiff has placed oral and documentary evidence and proved that even after termination of tenancy the defendant not vacated the suit 12 O.S. No.26341/2023 schedule premises and not paid the rent as agreed. Accordingly, the oral as well as documentary evidence produced by the plaintiff remained unchallenged. There is no reason to discard or to disbelieve the evidence of plaintiff. Accordingly I have answered Point No.1 to 4 in the affirmative.
15. POINT No.5:- For the various reasons discussed in point Nos.1 to 4 and findings given on it by me, I proceed to pass the following:-
O R D E R The suit filed by the plaintiff as against the defendant is hereby decreed with costs as follows:
The defendant is liable to vacate and hand over the vacant possession of the suit schedule property to the plaintiff within 60 days from the date of this order.
The defendant is also liable to pay the arrears of rent in a sum of Rs.7,80,631/- and damages of Rs.1,60,000/- to the plaintiff.13
O.S. No.26341/2023 There shall be separate enquiry to be held in respect of future damages/mesne profits as provided under Order-20 Rule 12 of CPC.
Draw decree accordingly.
--
(Dictated to the Stenographer and after corrections pronounced by me in the open court on this the 06th day of December, 2024) Digitally signed by ANITHA ANITHA NANJANAGUDU NANJANAGUDU PARASHIVAMURTHY PARASHIVAMURTHY Date: 2024.12.10 14:31:58 +0530 (ANITHA N.P.) LXXIII Addl. CC & SJ, M.H.Unit, Bengaluru. (CCH-74) The suit schedule property is as follows:
All that piece and parcel of the residential premises No.4, 4 th floor, Penthouse, 5th main, PRS Layout, Banaswadi, Bangalore- 560043 (property No.21), measuring East to west 48 feet and North to South 34 feet, consisting 3 bedrooms, one hall, three bathrooms, one kitchen and two portico bounded on East by: Property No.22, West by: Open space thereafter property No.20 North by: Property No.25 and 26 South by: Road 14 O.S. No.26341/2023 A N N E X U R E
1. List of witnesses examined for the plaintiff side:-
P.W.1 : A.Balakrishna
2. List of documents exhibited for the plaintiff's side:-
Ex.P.1 : The rental agreement dated 26.12.2018 Ex.P.2 : Copy of notice dated 30.05.2023 Ex.P.3-6 : Postal receipts Ex.P.7-9 : Unserved postal covers Ex.P.10 : Copy of bank statement Ex.P.10(a) : The entry dated 05.04.2021 is in respect of last rent paid by the defendant.
3. List of witness examined for the defendants side:-
-NIL-
4. List of documents exhibited for defendants side:-
-NIL-Digitally signed by
ANITHA
ANITHA NANJANAGUDU
NANJANAGUDU PARASHIVAMURTHY
PARASHIVAMURTHY
Date: 2024.12.10
14:31:47 +0530
(ANITHA N.P.)
LXXIII Addl. CC & SJ, M.H.Unit,
Bengaluru. (CCH-74)
15
O.S. No.26341/2023
(ANITHA N.P.)
LXXIII Addl. CC & SJ, M.H.Unit,
Bengaluru. (CCH-74)